Summary: investigation of this complaint about an admission appeal panel’s handling of an appeal for a place in year 1 of an infant school has been discontinued. This is because there is no worthwhile outcome that can be achieved as a result of further investigation.

The complaint

1. The complainant, whom I shall refer to as Ms B, complains about the independent admission appeal panel the Council arranged to consider her appeal against the refusal of a place for her daughter in year 1 of her preferred school. She says the panel failed to properly consider relevant information and there were technical difficulties with the online hearing.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve a worthwhile outcome as a result of further investigation (Local Government Act 1974, section 24A(6))
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I discussed the complaint with Ms B and considered the written information she provided with her complaint. We also obtained information from the Council about the appeal hearing.
5. I considered all the information before reaching a draft decision on the complaint.
6. Ms B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Ms B applied for an in-year place for her daughter at her preferred infant school (Q School) in June 2021. She was seeking a place in year 1 from September 2021. The application was refused on the grounds that the year in which Ms B was seeking a place was full.
8. Ms B appealed. The appeal hearing took place in July 2021 and was unsuccessful. Ms B then complained to the Ombudsman.
9. Following the unsuccessful appeal Ms B decided to apply for a place for her daughter in the Reception year at the same school. This application was successful and Ms B’s daughter will start attending shortly.
10. Following discussion with Ms B, she has decided that she is not currently sure that she still wants a place in year 1 at Q School because her daughter is about to start in Reception. She has decided she will allow her daughter to settle in Reception and will only be interested in a year 1 place if it becomes clear her daughter is under-stimulated. This will not become clear for some time but if she does decide her daughter needs a place in the year above she will submit a fresh application.

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Final decision

11. I have discontinued my investigation into this complaint. This is because, if I were to investigate and find fault in the panel’s handling of the appeal, the most likely remedy I would recommend would be to ask the Council to arrange a fresh appeal hearing to consider the appeal again. As Ms B is not currently interested in a place in year 1, there is therefore no worthwhile outcome I can achieve by further investigation.

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Investigator's decision on behalf of the Ombudsman